What Is the Difference Between Time-Limited and Indefinite Spousal Support in Ontario?
A Divorce Act spousal support order can be for a definite period, for an indefinite period, or until a specified event happens. Indefinite does not necessarily mean permanent; it only means no time limit can be set at the start, and support stays subject to variation and review.
Under the Spousal Support Advisory Guidelines (SSAG) without-child-support formula, support lasts 0.5 to 1 year for each year of cohabitation. It is indefinite if the marriage lasted 20 years or more, or under the rule of 65: the marriage lasted at least five years and the years of marriage plus the recipient's age at separation total 65 or more. The rule of 65 does not apply to marriages under 5 years.
The SSAG are not law, though judges often base decisions on them. Courts often decide 'not yet' on self-sufficiency, reducing support or setting a future end date. If a time-limited order ends, a court cannot later resume support unless specific conditions are shown. A lawyer can explain how this applies to your facts.
Key takeaways
- A Divorce Act spousal support order can be for a definite period, for an indefinite period, or until a specified event happens.
- Indefinite support does not necessarily mean permanent, because it stays subject to variation and review.
- Under the SSAG without-child-support formula, support lasts 0.5 to 1 year for each year of cohabitation, unless the marriage lasted 20 years or more or the rule of 65 applies.
- The rule of 65 does not apply to marriages under 5 years.